The High Court has ruled on four issues in a dispute over sums due under a lease between Turvey Business Park Limited and Leo and Susan Bentley, including certification of a 2009 certificate, allocation of a payment, interest and the identity of the proper plaintiff.
In an ex tempore supplementary ruling delivered on 29 July 2011, Mr Justice Hogan said the 2009 certificate had been properly certified in the manner required by the lease. He found the defendants liable for €8,376.84 on that basis.
The court allocated €1,900 of a €4,000 payment made in September 2009 to the insurance premium for the complex. The evidence showed the premium was slightly less than €2,000, leaving a credit in Mr Bentley’s favour. The judge directed that the remaining €2,100 be applied to the oldest debt on the 2007 account.
On interest, the judge said the lease was not as clear as it might have been. He ruled that interest would run from 28 days after the date of first demand. In clarification, the court said the demand date was 1 January each year and interest would run on the estimated sum from 28 days after that date, even where the estimated amount exceeded the certified amount. The judge said the lease appeared to envisage that approach.
The judge treated Turvey as the proper entity to bring the proceedings, saying the lease treated lessor and lessee as joined together and that the defendants’ course of dealing prevented them from raising the point. He did not express a view on Mr Bentley’s dissatisfaction with the service provided. He said a general, unascertained claim of that kind could not be set off against a liquidated debt in the summary proceedings and would require separate proceedings if pursued.
The matter was adjourned to 12 October 2011 so the parties could agree the interest figure in light of the ruling and address costs. The note does not record a final decision on costs or the agreed interest figure.